340 crpc

J.C.Mishra (Querist) 25 January 2012 This query is : Resolved
A complain case has beEn filed by a person against me and my brother under section 341/323/420/506/34 IPC before the magistrate by producing two false witnesses who gave statements before court that they have seen us hitting that person and also gave statements before magistrate regarding a forgery which was never committed and there is no documentary proof to it. The magistrate took cognizance and issued summons to us. In the mean time we applied for bail and surrendered in trial court and are on bail now. The date on which the incident took place, we were not there in that place because I am a physically challenged person and that day was my official holiday and my brother who is a central government employee was on duty at that time. He has also taken out a copy of his attendance certificate given by his head of department.
I want to file a case on them under section 193/211/182 IPC. Can I do it through 340 CrPC or through a complain case. If yes can me or my brother can move application under 340 CrPC, because the law states that the court can take cognizance in the complaint of a public servant/presiding officer of court. Please advise me how to file a case under section 193/211/182 IPC because the witnesses have given false statement in court and i have the proof.

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Arvind Singh Chauhan (Expert) 25 January 2012
Just wait for the acquittal on such grounds and then proceed ahead.

Devajyoti Barman (Expert) 25 January 2012
No application u/s 340 crpc lies in your case.
After acquittal you have remedy of civil suit for damages or the court may prosecute them u/s 311 crpc.

Sankaranarayanan (Expert) 25 January 2012
Yes I do agree experts view

DEFENSE ADVOCATE.-firmaction@g (Expert) 25 January 2012
other than defamation and 340 there are many remedies if keep your head cool and first try to come out of present cases against you.

Today only to one person who says he is harassed of gender biased laws and had gone up to SC for initial relief which rejected his pleas. so I advised him to appear in lower court and contest the case with cool head.

But he is on the top of hill and expects that by some magic even appearance in lower court will be by passed.

So he says you do not know about matrimonial matters and he will contact other experts.

same is with you sir, first contest the case and try to come out of it otherwise in over confidence you should not weaken your defense.

Shonee Kapoor (Expert) 25 January 2012
Nothing left to add.

The scope of 340 and these IPC are limited and can be used sparingly only.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 25 January 2012
I also endorse the views as expressed above.

Prabodh Shukla (Expert) 26 January 2012
yes you can move application under340 cr.p.c must go for it and bring this fact in the norice of magistrate if 340 fail dnt worry it will help in final arguement
regards,
adv.prabosh shukla
9540274333